Disposed

M/S. F. a. Enterprises v. State of Maharashtra through Its Chief Secretary and Ors.

Bombay HC1 Mar 2017WP/2121/2015

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking directions for funding, payments, and approvals for irrigation dam projects. The court held that keeping the petition pending served no purpose while related challenge petitions regarding tender cancellations were under consideration.

What did the court decide?

The writ petition was disposed of without granting any relief.

M/S. F. a. Enterprises Vs State of Maharashtra through Its Chief Secretary and Ors. — Bombay HC (2017) — LawSathi Research

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WP 2121-2015

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 2121 OF 2015

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M/s F.A. Enterprises, (Now M/s United Projects) .. Petitioner V/s State of Maharashtra & Ors. .. Respondents

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Ms. Shilpa Kapil for the petitioner. Mr. P.G. Sawant, AGP for respondent nos.1 to 7 and 10 to 15. Mr. G.S. Hegde with Mr. C.M. Lokesh for respondent no.9. Mr. Vishesh Kalra i/b Vidhii Partners for respondent no.16.

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CORAM: DR. MANJULA CHELLUR, CJ. & G.S. KULKARNI, J.

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DATE : 1^st MARCH 2017

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P.C.:

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The petitioner is before this Court seeking the following

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reliefs:

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a) Call for Record & Proceeding of the case, grant rule and allow this petition.

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b) Issue appropriate writ, order or direction to all Respondents, especially Respondent Nos. 1 to 9 for processing/approving proposal for budgetary provisions to finance/fund irrigation dam projects mentioned in Exhibit-A and to release the said finance/fund for those irrigation dam projects mentioned in Exhibit-A in the interest of justice.

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c) Issue appropriate writ, order or direction to Respondents, especially Respondent Nos. 1 to 9 to arrange periodical payments to Petitioner as per actual work done by preparing and approving requisite Running Account Bills as per the prescribed procedure for those irrigation dam projects mentioned Exhibit-A.

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d) Issue appropriate writ, order or direction to Respondents to obtain all statutory approvals/clearances such as forest clearance, environmental clearance, land acquisition proceedings, rehabilitation proceedings, Central Design Organization consultancy proceedings etc. expeditiously as per the procedure and for that purpose arrange and release funds at the relevant time in time-bound manner as demanded by the concerned Authorities for those irrigation projects mentioned in Exhibit-A.

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e) Issue appropriate writ, order or direction to Respondents to allow Petitioner to carry out work smoothly as per given work orders at those irrigation dam projects mentioned in ExhibitA and for that purpose take requisite necessary actions such as providing police protection etc.

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f) During the pendency and final disposal of the present writ petition, direct all Respondents, especially Respondent Nos. 1 to 9 for processing/approving proposal for budgetary provisions to finance/fund irrigation dam projects mentioned in Exhibit-A and to release the said finance/fund for those irrigation dam projects mentioned in Exhibit-A in the interest of justice.

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g) During the pendency and final disposal of the present writ petition, direct to Respondents, especially Respondent Nos. 1 to 9 to arrange periodical payments to Petitioner as per actual work done by preparing and approving requisite Running Account Bills as per the prescribed procedure for those irrigation dam projects mentioned Exhibit-A.

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h) During the pendency and final disposal of the present writ petition, direct to Respondents to obtain all statutory approvals/clearances such as forest clearance, environmental clearance, land acquisition proceedings, rehabilitation proceedings, Central Design Organization consultancy proceedings etc. expeditiously as per the procedure and for that purpose arrange and release funds at the relevant time in time-bound manner as demanded by the concerned Authorities for those irrigation projects mentioned in Exhibit-A.

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i) During the pendency and final disposal of the present writ petition, direct to Respondents to allow Petitioner to carry out work smoothly as per given work orders at those irrigation dam projects mentioned in Exhibit-A and for that purpose take requisite necessary actions such as providing police protection etc.

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It is brought to our notice that a public interest litigation came to be filed pertaining to the project, the tender of which came to be given to the petitioner. Subsequently the tenders were cancelled and the same became subject matter of several writ

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petitions which are pending consideration. Such being the situation, we fail to understand how this writ petition can be kept pending unless the cancellation of tenders is set aside. In case the petitioner is fortunate enough to succeed in other matters challenging cancellation of tenders, the very prayers could be sought in those petitions. Therefore, we are of the opinion that there is no purpose keeping the present writ petition pending. Accordingly the writ petition is disposed of.

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(G.S. KULKARNI, J.) CHIEF JUSTICE

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M/S. F. a. Enterprises v. State of Maharashtra through Its Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

M/S. F. a. Enterprises v. State of Maharashtra through Its Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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